In data 19/06/2009 il contratto di hostmonster è il seguente:

HOSTMONSTER.COM TERMS OF SERVICE

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ACCEPTANCE OF TERMS OF SERVICE

As a precondition and requirement to use the services available via HostMonster.Com, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and HostMonster.Com, Inc. dba HostMonster.Com, its subsidiaries and affiliates (“HostMonster.Com”). Each Subscriber is subject to these Terms, and by using HostMonster.Com’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.

Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from HostMonster.Com. Further, Subscriber represents and warrants all information provided by Subscriber to HostMonster.Com has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to HostMonster.Com in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through HostMonster.Com must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.

HostMonster.Com intends to provide the best possible web hosting service to each of its Subscribers. HostMonster.Com is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, HostMonster.Com reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

Subscribers may view the most current version of these Terms at www.hostmonster.com/cgi/terms. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the HostMonster.Com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account as set forth in Paragraph 3 below.

Notwithstanding HostMonster.Com’s right to alter these Terms without prior notice, HostMonster.Com may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to HostMonster.Com, in its sole discretion, that said alteration may materially and adversely impact said Subscriber’s use of the Services.

If Subscriber is registering a new domain name with HostMonster.Com, or using or transferring a previously registered domain name in conjunction with Subscriber’s use of the Services, Subscriber hereby acknowledges and agrees that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Registration Agreement located at http://api.fastdomain.com/terms.html.

TERM – PAYMENT – RENEWAL OF ACCOUNT & OF DOMAIN

Term of Service. The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in Paragraphs 2.04 and 3.01.

Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by HostMonster.Com from time to time.

Automatic Renewal of Account and/or Domain. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Subscriber’s hosting account, HostMonster.Com will automatically renew Subscriber’s hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber’s originally-selected method of payment. Likewise, as a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Subscriber.s domain, if registered with HostMonster.Com (or one of its Affiliates), or if transferred to and registered with HostMonster.Com (or one of its Affiliates), HostMonster.Com will automatically renew Subscriber.s domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber’s originally-selected method of payment. Subscriber acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of HostMonster.Com. While consenting to HostMonster.Com.s performance of said courtesy, Subscriber hereby releases HostMonster.Com from all liability for its failure for any reason to renew said account or said domain. Subscriber acknowledges that there may be many reasons why HostMonster.Com is unable to renew said account or domain, including but not limited to inability of HostMonster.Com, for any reason, to bill said renewal to Subscriber.s credit card, to contact or otherwise get response from Subscriber at last known email address, or otherwise. Subscriber acknowledges that said account and/or domain, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable.

Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing HostMonster.Com Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.

CANCELLATION OF SERVICES – REFUND POLICY

Cancellations and Refunds. HostMonster.Com provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:

Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates and domain names are nonrefundable.

Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services prior to the expiration of 3 calendar days after registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A). Subscriber has the option, but not the obligation, to retain ownership and control of any promotional “Free Domain Names” registered in connection with the subscription, in which case Subscriber’s refund will be reduced by $10 per domain name.

Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days after registration, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A), subject to the following additional mandatory reductions:

Free Domain Names: If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Subscriber’s refund will be reduced by $10 per domain name. Subscriber will retain full ownership and control of any such domain names.

Postini; DedIP Any fees paid by Subscriber in connection with Postini or DedIP will be refunded at a prorated rate based on the registration date, the term of service, and the date of cancellation.

Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less $10 per “Free Domain Name.”

Notice of Cancellation. Subscriber must direct all cancellation requests to HostMonster.Com via email sent to billing@hostmonster.com.

Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.

PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in HostMonster.Com intellectual property or technology. HostMonster.Com and related trademarks and logos are the exclusive property of HostMonster.Com. HostMonster.Com and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar HostMonster.Com from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

SECURITY AND OWNERSHIP

Site Security. HostMonster.Com uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber’s obligation to maintain and control passwords to Subscriber’s web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber’s user name, password and registered domain name(s). Subscriber agrees to immediately notify HostMonster.Com of any unauthorized uses of the Service or any other breaches of security. HostMonster.Com will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber’s failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber’s Services.

Access and Control Policy. When a new account or domain, as applicable, is registered with or transferred to HostMonster.Com or with one of its affiliates, the process requires and results in the creation of the following within the records of HostMonster.Com, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

If a person contacts HostMonster.Com and claims that she or he is entitled to access to an account, website, or domain registered with HostMonster.Com or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), HostMonster.Com will give access to the person who acceptably evidences she or he has substantially all of: i) name of the person who originally registered or last paid for said account; ii) email address of the person who originally registered or last paid for said account; iii) the user name of the person who originally registered or last paid for said account, if possible; iv) the associated payment information of the person who registered or last paid for said account, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or original payment medium or the one which was last used to pay for said account (mandatory). Otherwise, HostMonster.Com will not give access and control to a claimant unless HostMonster.Com is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring HostMonster.Com to give such access and control to said claimant or unless there is submitted to HostMonster.Com at abuse@HostMonster.Com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of HostMonster.Com or of its affiliates shall not be deemed effective to give notice to HostMonster.Com or its affiliates of any changes in said access or control.

Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against HostMonster.Com arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases HostMonster.Com from all liability and all claims for damages or any other liability whatsoever that may arise out of HostMonster.Com.s following said policy and procedure.

License to HostMonster.Com. HostMonster.Com claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to HostMonster.Com, Subscriber grants to HostMonster.Com, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on HostMonster.Com’s servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services as set forth in Paragraphs 2.01 and 3.0.

Transfer of Ownership. HostMonster.Com is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with HostMonster.Com or its affiliates. By accessing HostMonster.Com.s system, registering, or using any of the services provided by HostMonster.Com, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with HostMonster.Com or any of its affiliates are subject to the terms and conditions of Section 5.5 of these Terms.

HostMonster.Com will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with HostMonster.Com or its affiliates only in the event that at least one of the following occur: i) there is received by the Abuse Manager (abuse@HostMonster.Com) a written statement (in a form acceptable to HostMonster.Com or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) HostMonster.Com is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internt Corporation for Assigned Names and Numbers (.ICANN.), requiring HostMonster.Com (or affiliate) to transfer such ownership to said claimant.

Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within HostMonster.Com; and, further, that any other changes made directly by Subscriber or by others within the online records of HostMonster.Com or of its affiliates shall not be deemed effective to give notice to HostMonster.Com or its affiliates of any changes in said ownership.

Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within HostMonster.Com; and, further, that any other changes made directly by Subscriber or by others within the online records of HostMonster.Com or of its affiliates shall not be deemed effective to give notice to HostMonster.Com or its affiliates of any changes in said ownership.

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Disputing Site or Account Ownership Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by HostMonster.Com or in an associated HostMonster.Com account. HostMonster.Com is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by HostMonster.Com or in an associated HostMonster.Com account, and, in HostMonster.Com’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then HostMonster.Com will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves HostMonster.Com of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what HostMonster.Com, in its sole judgment, deems to be a reasonable time, then HostMonster.Com, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Utah, file an interpleader action in a court of competent jurisdiction within the State of Utah for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse HostMonster.Com for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to HostMonster.Com under this section 5.03 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached in said interpleader action. Failure of the rightful owner of said site and/or associated account to cause HostMonster.Com to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle HostMonster.Com to a judgment against said rightful owner for all costs and all of HostMonster.Com’s expenses relative to said interpleader action including without limit all of HostMonster.Com’s court costs and reasonable attorney fees. No rights enumerated in this section 5.03 shall in any way diminish any other rights of HostMonster.Com enumerated in any other section of these Terms, or otherwise available to HostMonster.Com at law or in equity.

PRIVACY POLICY

Commitment. The HostMonster.Com commitment to our Subscribers’ privacy is set forth in this section. Except as required by law or as otherwise provided herein, HostMonster.Com will take commercially reasonable steps to ensure your right to privacy. HostMonster.Com is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.

Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with HostMonster.Com, subject to specific confidentiality agreements, HostMonster.Com will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:

HostMonster.Com will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise HostMonster.Com’s legal rights or defend against legal claims.

HostMonster.Com will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.

HostMonster.Com may transfer information about Subscribers if HostMonster.Com is acquired by or merged with another company, in which event HostMonster.Com will notify Subscriber.

“UNLIMITED” USAGE POLICIES AND DEFINITIONS

What “Unlimited” means. HostMonster.Com does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, HostMonster.Com makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

What “Unlimited” DOES NOT mean. HostMonster.Com employs complex mechanisms to protect its Subscribers and systems from abuse. HostMonster.Com’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.HostMonster.Com’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. HostMonster.Com’s service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.HostMonster.Com will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, HostMonster.Com does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until HostMonster.Com can evaluate said sites resource needs.

Unlimited Hosting Space. HostMonster.Com does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does HostMonster.Com charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the HostMonster.Com service is designed to host websites . HostMonster.Com does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice.

Unlimited File Transfer. HostMonster.Com does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does HostMonster.Com charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, HostMonster.Com reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers.

Unlimited Domain Hosting. HostMonster.Com does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.

COOKIE POLICY STATEMENT

General Purposes. HostMonster.Com understands that many of its Subscribers are concerned about “cookies”, which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. HostMonster.Com provides this Cookie Policy Statement to let you, the Subscriber, know how HostMonster.Com uses this technology. HostMonster.Com uses cookies to help HostMonster.Com improve its website and web hosting services, and, most importantly, to provide HostMonster.Com’s existing Subscribers with the opportunity for continued savings and increased convenience.

Cookies for Improving Our Web Site. HostMonster.Com uses cookies to inform HostMonster.Com of a repeat visit. The cookie does not tell HostMonster.Com who a visitor is, the visitor’s name, email address, or Passwords.

Cookies for Banner Rewards Program. To offer HostMonster.Com Subscribers continued savings, HostMonster.Com uses cookies to help monitor the traffic generated from HostMonster.Com banners and logo buttons displayed on HostMonster.Com Subscribers’ websites. For every new HostMonster.Com Subscriber that is introduced to HostMonster.Com through a Subscriber’s website, the Subscriber receives a credited discount.

Cookies for Subscriber Account Management. For HostMonster.Com Subscribers, HostMonster.Com uses cookies to store user names for added convenience to the Webmaster. As part of our HostMonster.Com web hosting package, HostMonster.Com offers password-protected, web-based management tools. By storing a Subscriber’s username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. (The cookie does not store Passwords.) HostMonster.Com is dedicated to using the newest technologies in order to simplify our Subscribers’ experience.

PROHIBITED USES

Breach of Terms and Account Termination. The uses of HostMonster.Com Services set forth in this section 9 hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of HostMonster.Com) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice.

Spamming. Spamming, whether or not it overloads the Services or disrupts service to HostMonster.Com’s Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. HostMonster.Com requires that all email messages contain an automated opt out . We do not allow purchased lists. HostMonster.Com’s Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. HostMonster.Com reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, HostMonster.Com allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.

Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.

Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).

Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. HostMonster.Com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).

Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

Anonymous Proxies. HostMonster.Com does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.

Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.

Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostMonster.Com is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

Other Illegal Activities. The use of the Services to engage in any activity that is determined by HostMonster.Com, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. HostMonster.Com will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

Backup Storage. HostMonster.Com offers its Services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.

Other Activities. Engaging in any activity that, in HostMonster.Com’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, HostMonster.Com’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of HostMonster.Com’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with HostMonster.Com in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, HostMonster.Com has adopted a policy that provides for termination of websites hosted by HostMonster.Com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by HostMonster.Com or a HostMonster.Com subsidiary, and the copyright holder wants HostMonster.Com to remove the website or disable the material in question, HostMonster.Com will remove the website or disable the material if the copyright holder provides us with all of the following information.

A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.

A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

GENERAL

Promotional Pricing. HostMonster.Com may periodically offer “free” or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and HostMonster.Com will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.

Backups. For its own operational efficiencies and purposes, HostMonster.Com from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON HOSTMONSTER.COM SERVERS, AND under no circumstance will HostMonster.Com be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any HostMonster.Com server.

Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by HostMonster.Com may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, HostMonster.Com does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if HostMonster.Com becomes aware of any violation of these Terms, HostMonster.Com may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via HostMonster.Com, and/or removing non-complying information. In addition, HostMonster.Com may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. HostMonster.Com reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. HostMonster.Com may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect HostMonster.Com or others from harm, and/or to ensure the proper operation of the Services. HostMonster.Com has no obligation to notify any person, including the Subscriber about whom information is sought, that HostMonster.Com has provided the information.

Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on HostMonster.Com in order to avoid termination of Subscriber’s HostMonster.Com account(s).

Duty to Notify HostMonster.Com of Breach. If Subscriber discovers anyone on the HostMonster.Com system violating any of these Terms or notices anything suspicious from the HostMonster.Com network, Subscriber agrees to report the violation or suspicious activity to abuse@hostmonster.com for investigation. HostMonster.Com reserves the right to and will immediately terminate any account which HostMonster.Com concludes to be in violation of any of these Terms.

Reservation of Rights. HostMonster.Com reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with HostMonster.Com.

Severability. These Terms are binding upon HostMonster.Com, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.

Governing Law. These Terms shall be governed by the laws of the State of Utah without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of HostMonster.Com, Subscriber agrees that all disputes, if any, involving HostMonster.Com shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Utah; provided, further, that all action brought against HostMonster.Com in State Court must be brought in Utah County, Utah and, if in Federal Court, in Salt Lake County, Utah. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving HostMonster.Com. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Utah.s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against HostMonster.Com outside the State of Utah; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Utah, shall be deemed to support and to stipulate to a motion made by HostMonster.Com to dismiss said lawsuit with respect to HostMonster.Com.

WARRANTY DISCLAIMER – LIMITATIONS – INDEMNIFICATION

Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. HOSTMONSTER.COM HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY HOSTMONSTER.COM OR HOSTMONSTER.COM’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. HOSTMONSTER.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. HOSTMONSTER.COM DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. HOSTMONSTER.COM DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR HOSTMONSTER.COM IN PARTICULAR.

Limitations on HostMonster.Com’s Liability. HOSTMONSTER.COM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL HOSTMONSTER.COM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT HOSTMONSTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. HOSTMONSTER.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. HOSTMONSTER.COM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL HOSTMONSTER.COM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO HOSTMONSTER.COM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, HOSTMONSTER.COM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification of HostMonster.Com. You, the Subscriber, agree to defend, indemnify and hold HostMonster.Com, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from HostMonster.Com’s own gross negligence or willful misconduct. HostMonster.Com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.

PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)

Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries (“Sanctioned Countries”) on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. Sanctioned Countries presently include, among others, Balkans, Belarus, Burma, Cote d’Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, former Liberian Regime of Charles Taylor, North Korea, Sudan, Syria, and Zimbabwe. “Sanctioned Countries” shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.

Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of HostMonster.Com.

Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of HostMonster.Com, regardless of where said individual is located.

Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively “Prohibited Organizations/Entities” and individually “Prohibited Organization/Entity”) are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.

Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of HostMonster.Com.

Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively “Prohibited Individuals” and individually “Prohibited Individual”), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.

Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of HostMonster.Com.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO HOSTMONSTER.COM SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR HOSTMONSTER.COM ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.